Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati on Monday told the court that CEO Ezra Chilobas legal suit against his recent suspension was illegal.
In an affidavit, Mr. Chebukati exposed two illegal activities Chiloba had engaged in while filing the case suing all the commissioners of the electoral body.
According to the IEBC Chairman, Chiloba went against his employment contract which restricts him from instituting legal proceedings against IEBC while he is still employed, without prior approval of the chairman.
Chairman's approval
In court papers, Chebukati argues that the IEBC CEO, who is on a 90-day compulsory leave to facilitate investigations of all the major procurements relating to the 2017 General Election and repeat poll, did not seek his approval.
"This petition is directly prejudicial to the commission as it seeks prejudicial prayers against the commission. Importantly, there was no prior approval obtained from the IEBC chairman before instituting this petition. This petition, therefore, ought to be struck out with costs," Chebukati said in the affidavit.
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At the same time, Chebukati accused Chiloba of using IEBC’s confidential information while filing the suit. The Commission’s Chair also alleges that Chiloba obtained the information illegally.
Expunge records
Chebukati is seeking the court to expunge the records from the case and insists that investigations against Chiloba to continue.
"He has purported to use confidential information obtained illegally to institute the petition in express violation of his employment contract. Those documents should not be allowed as evidence and he must be held accountable for breaching the terms of his contract.
"To this end, the applicants pray that the court expunges from its records the IEBC confidential information obtained illegally by the petitioner," he said.
Mr. Chebukati added that the suspension of Chiloba was conducted within the confines of the law noting that he (Chiloba) was accorded time to respond to the questions regarding the procurement of the electoral materials.